Partition Action Complaint - Wyoming

WYOMING PARTITION ACTION — COMPLAINT (PETITION) FOR PARTITION OF REAL PROPERTY

IN THE DISTRICT COURT, [______] JUDICIAL DISTRICT, [____________________] COUNTY, WYOMING

Civil Action No.: [________________]

COMPLAINT (PETITION) FOR PARTITION

COMES NOW Plaintiff, [PLAINTIFF NAME], by and through counsel, and pursuant to Wyo. Stat. Ann. § 1-32-101 et seq., petitions this Court for partition of the real property described herein, and alleges:

I. PARTIES AND COTENANCY

1. Plaintiff is [☐ an individual residing at / ☐ an entity organized under the laws of] [________________________________].

2. Defendant [COTENANT DEFENDANT NAME] is, upon information and belief, [☐ an individual residing at / ☐ an entity with its principal office at] [________________________________].

3. The additional persons known to claim an interest in the Property are [NAMES, INTERESTS, AND ADDRESSES]. All persons whose interests may be affected are identified as defendants after review of the title records.

4. Plaintiff and Defendants own the Property as cotenants (the "Cotenancy") in the following undivided fractional shares:

5. Plaintiff is a tenant in common or coparcener of the Property entitled to compel partition under Wyo. Stat. Ann. § 1-32-101.

II. JURISDICTION AND VENUE

6. This petition is filed in district court as provided by Wyo. Stat. Ann. § 1-32-103.

7. Venue is proper in this County pursuant to Wyo. Stat. Ann. § 1-32-102 because the real property that is the subject of this action is located in [____________________] County, Wyoming.

III. THE PROPERTY

8. The real property that is the subject of this action (the "Property") is located in [____________________] County, Wyoming, and is described as follows (Wyo. Stat. Ann. § 1-32-103 requires the petition to set forth the parties' interests and a description of the property):

Legal Description:

[________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________]

Tax Parcel No.: [________________________________]

Street Address (if any): [________________________________]

Recording Reference: Book [______], Page [______] / Reception No. [________________], County Clerk of [____________________] County, recorded [__/__/____].

9. A division of the Property would [☐ be / ☐ not be] subject to Wyoming Title 18, Chapter 5, Article 3. If it would be, the applicable county subdivision requirements and any exemption are described in [EXHIBIT / COUNTY DOCUMENT]. Plaintiff requests an in-kind division only after compliance with those requirements, as applicable, under Wyo. Stat. Ann. §§ 1-32-103 and 1-32-104.

IV. RIGHT TO PARTITION

10. Plaintiff and Defendants hold record title to the Property as tenants in common or coparceners under the instruments described in Paragraph 4. Plaintiff's title and share are [STATE TITLE BASIS AND FRACTION].

11. The parties have not agreed to a voluntary division. Plaintiff asks the Court to determine each party's interest and order partition under Wyo. Stat. Ann. §§ 1-32-101 and 1-32-104, subject to Paragraph 9's land-division review.

V. PARTITION, APPRAISEMENT, OR SALE

12. If the estate can be divided in accordance with the writ without manifest injury to its value, Plaintiff asks the Court to appoint three disinterested persons of the vicinity as commissioners to examine and set apart equitable shares under Wyo. Stat. Ann. §§ 1-32-104 and 1-32-106.

13. If the commissioners conclude division under the writ would cause manifest injury to value, Plaintiff asks them to report that finding and a just valuation to the Court. If the Court approves the return, one or more parties may elect to take the estate at the appraised value under Wyo. Stat. Ann. §§ 1-32-109 and 1-32-110.

14. If no party elects to take at the appraised value, Plaintiff requests a public-auction sale under Wyo. Stat. Ann. § 1-32-111 and distribution by court order under § 1-32-114.

VI. RENTS AND PROFITS RECEIVED

15. ☐ Defendant [NAME] received rents or profits from the estate during [DATES] in the amount of approximately $[AMOUNT]. Plaintiff seeks Plaintiff's share of those received rents or profits under Wyo. Stat. Ann. § 1-32-119. Attach a transaction schedule as Exhibit D.

16. ☐ No rents or profits claim is asserted in this petition.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Determine each party's interest in the Property;

B. After the applicable land-division review, order partition and appoint three disinterested commissioners under Wyo. Stat. Ann. § 1-32-104;

C. If division under the writ would cause manifest injury to value, receive the commissioners' valuation and allow an election to take under §§ 1-32-109 and 1-32-110;

D. If no election is made, order a public-auction sale at a party's request under § 1-32-111 and distribute the proceeds under § 1-32-114;

E. Award Plaintiff's proven share of rents or profits received by another cotenant under § 1-32-119, if pleaded above;

F. Tax costs and expenses under § 1-32-122, including reasonable attorney's fees for services benefiting all parties; and

G. Grant any other relief supported by the pleadings and law.

Dated this [______] day of [____________________], 20[____].

[________________________________]
[Attorney Name], Wyo. State Bar No. [______]
[Firm Name]
[Address]
[City, State, ZIP]
Telephone: [(___) ___-____]
Email: [________________]
Attorney for Plaintiff

VERIFICATION

State of Wyoming, County of [__________]

I, [PLAINTIFF NAME], being first duly sworn, depose and state: I am the Plaintiff in the above-captioned action; I have read the foregoing Complaint (Petition) for Partition; and the allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME], Plaintiff

Subscribed and sworn to before me this [____] day of [____________________], 20[____].

[________________________________]
Notary Public
My commission expires: [__/__/____]

EXHIBITS

• Exhibit A: Legal Description of the Property
• Exhibit B: Deed(s) / Instruments Establishing Cotenancy and Shares
• Exhibit C: Title Report / Abstract
• Exhibit D: Rents and profits received schedule, if claimed
• Exhibit E: Survey / Plat (for in-kind division)

SOURCES AND REFERENCES

• Official Wyoming Title 1 compilation, §§ 1-32-101 through 1-32-122 (accessed 2026-10-18).